Emma Bilsborrow, New Partner

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The Partners are delighted to announce that Emma Bilsborrow was promoted to Partner on 1st July 2023.

Emma joined Adams Harrison on 27th February 2023 and took over as Head of the Family Department on 1st June 2023 following the retirement of Shoshana Goldhill, after 37 years at the firm.

Emma is a Fellow of the Chartered Institute of Legal Executives (FCILEX) and has 14 years post qualification experience in family/matrimonial law. She has a wealth of experience in advising clients on all aspects of divorce and separation including children’s and financial issues.   She advises on the division of property (in the UK and abroad) including pensions and has particular expertise in High net worth cases.  Emma is a Member of Resolution which is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way. If, however, a family or matrimonial dispute cannot be resolved amicably or by mediation then Emma also has experience in dealing with litigious matters in the Court arena.

Adams Harrison Partners Aug 2023

The Partners of the firm are:

Jack Stewart

Jennifer Carpenter

Richard Booth

Melanie Pratlett

Emma Bilsborrow

Skipping challenge completed by Managing Partner, Jennifer Carpenter

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Jennifer Carpenter, Managing Partner recently completed a sponsored skipping challenge to raise funds for Cancer Research UK.

Jenny completed 100 skips a day in June, even though she was away on holiday for some of those! On completion of the challenge Jenny had collected £219 for the charity and got some much needed exercise away from her desk.

Lexcel and CSE Accreditation 2023

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We are delighted to announce that Adams Harrison has been re-accredited with Lexcel for the 24th year and Customer Service Excellence (CSE) for the 3rd year.

What are Lexcel and Customer Service Excellence (CSE)?

Lexcel is a Law Society Quality mark for law firms demonstrating legal excellence. The assessment process is independent and objective. The firm is assessed in areas of: Structure and Strategy, Financial Management, Information Management, People Management, Risk Management, Client Care and File and Case Management. You can find further information here: https://www.lawsociety.org.uk/topics/firm-accreditations/lexcel

Customer Service Excellence is an accreditation which was introduced by the Cabinet Office in 2007 and Adams Harrison gained accreditation in 2021. It offers businesses a practical tool for driving customer-focused change within their organisation. You can find further information here: https://www.customerserviceexcellence.uk.com/

Who has Lexcel and CSE?

Lexcel accreditation is not obligatory. It was introduced in 1998 by the Law Society for law firms and Adams Harrison was one of the first firms to achieve the accreditation.
CSE is open for any business in the UK to apply for this standard. Currently 322 organisations are accredited.

What happens during the annual re-assessments?

For Lexcel the auditor interviews staff and partners selected by him. He audits both open and closed files randomly selected by him. He reviews the firm’s practices and procedures, including policies and office manual. This year the auditor found no non-compliances.
For CSE the auditor reviews current policies and procedures which demonstrate that client care and maintaining high levels of service are at the forefront of everything we do. He also interviews a selection of clients for direct feedback on the experience.

Auditor’s comments for Lexcel

Despite the current difficulties and challenges, the Practice should again be very highly commended for sustaining an extremely high level of compliance against the Lexcel Standard. It remains very clear that compliance remains deeply embedded within the ethos and culture of the Practice. In Lexcel terms the Firm is an extremely well run, and extremely well managed Practice!!
The Practice should continue to be highly commended for the significant emphasis, and resources, which it devotes to ensuring the Wellbeing and Mental Health of its employees.
There remains a comprehensive and well embedded process of supervision which is very consistently implemented and well managed throughout the Firm.
It remains very clear from both interview and documentary evidence that the Practice continues to place very significant emphasis on the levels of ongoing client care which it provides.

Auditor’s comments for CSE

It was very clear from both documentary, and interview evidence, that the Practice puts CSE at the heart of everything that they do. It is fully supported by the entire Management Team, and is an integral part of the Firm’s culture that they are all required to both sign up to, and are measured against.
Despite the ongoing challenges of the post-pandemic context, the Practice has proactively continued to refine and develop the already deeply embedded culture of customer service/client care and it was very clear from interview evidence that staff were highly adept at managing client expectations.
It was also very clear that extremely robust procedures were in place to protect client privacy.

These excellent results are due to the collective effort of all our staff, from Managing Partner down to post clerk. Everybody puts the needs of our clients at the forefront of everything they do.
We all look forward to continuing to offer a high quality service in the communities we serve.

Castle Manor Academy Haverhill Careers Fair.

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Jennifer Carpenter, Matthew Darmon and Anton Bilinski represented Adams Harrison at Castle Manor Academy Careers Fair today.

5 year groups, from year 6 to year 10 attended the event.

Approximately 23 local businesses and organisations were represented, which gave the students an opportunity to hear about different types of organisation and the work they do.

Renters Reform Bill – No-fault evictions to be banned in reform of rental sector

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Being described as a once in a generation reform The Renters Reform Bill was introduced in Parliament on 17th May 2023. This sets out new proposals to radically change the way tenants rent properties from landlords.

One of the most talked about change is the proposal to abolish Section 21 No Fault Evictions and deliver a simple more secure tenancy structure.

The proposal is that all tenancies are to become periodic tenancies from the start and abolish fixed term tenancies. They will require the tenant to give two months’ notice to vacate the property rather than the current one months but the idea of being on a periodic tenancy is that the tenant will not be liable for large sums of rent should they decide to leave the property. By abolishing Section 21 evictions this will give tenants more rights in remaining in the property and more control.

Another change is to ensure that the property is suitable for a tenant to live in. Currently rented properties meeting a minimum EPC standard of E is require if the property is under E then the property cannot be rented. The proposals changes the minimum EPC rating to C by 2035.

Another change to help balance up the Section 21 Abolishment is to reform the Grounds for Possession under Section 8. One of the proposals for rent arrears is to introduce a new mandatory ground for repeated serious arrears. Eviction will be mandatory where a tenant has been in at least two months rental arrears three times within the previous three years regardless of any rent arrears balance at the possession hearing. This will stop tenants from paying off a small amount of arrears to take them or keep them below the mandatory repossession threshold or suddenly paying the arrears prior to the Court hearing.

Other changes are:

  • For anti social behavior or criminal behavior the proposal will lower the notice period for the existing mandatory eviction grounds and there will be further assistance provided in order to resolve issues at an early stage.
  • Make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children ensuring no family is unjustly discriminated against when looking for a place to live.
  • Tenants would be given the legal right to request to keep a pet in their home, which the landlord cannot unreasonably refused.

Can you apply to shorten the period between issuing divorce proceedings and obtaining the conditional order?

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The Divorce, Dissolution and Separation Act brought into effect a minimum 20-week period from the commencement of divorce proceedings to a conditional order* being made. It was thought that the 20-week wait would allow more time for divorcing couples to agree practical arrangements where reconciliation is not possible and divorce unavoidable.

A national firm broadcast last week that it had successfully applied to the court to shorten the 20-week window for its client, who has serious and life-limiting health issues.

The application itself was about safeguarding financial independence and the notion that any delays may have adversely affected the client.
Section 1(8) of the Matrimonial Causes Act states that the court, dealing with a particular case, can shorten the 20-week period; however, the legislation does not provide a list of reasons why an exception can be made. The firm in question worked on the basis that under the old rules, applications could be made to shorten the time between a decree nisi and decree absolute (6 weeks and 1 day) on health grounds.

A conditional order was made 10 weeks after the divorce application was issued.

*Conditional order replaced decree nisi on 6th April 2022. Conditional order acts as the first of two decrees that you will need to obtain to get divorced. 6 weeks and a day after the court makes a conditional order you may apply to the court for a final order (previously referred to as decree absolute). This legally end the marriage.

Employment Tribunal Time Limits Are Strict

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Rarely will an Employment Tribunal permit a claim advanced by a Claimant to proceed if it is out of time. Most, but not all, employment claims have a three month time limit.

A recent case taken to the Employment Appeal Tribunal this month (Bliss Residential Care Ltd v Fellows [2023] EAT 59) the Respondent employer successfully had overturned the Tribunal’s previous decision to allow a claim out of time. The claim had been issued during the start of the Covid-19 pandemic by a newly qualified solicitor. However, it was submitted using the wrong method and then re-submitted but not in time. The Tribunal had sympathy with the solicitor dealing with cases and the problems caused by the pandemic. However, the Employment Appeal Tribunal stated that it should have been right and that the Tribunal should not have allowed the Claimant to proceed out of time.

If you believe you have employment related claims seek our advice promptly so we can ensure that your claim, should you choose to pursue it, is issued correctly and in time to ensure that you can proceed with it.

World Day for Safety and Health at Work 2023

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Friday 28th April was World Day for Safety and Health at Work, a global day for preventing accidents and injuries and promoting workplace safety.

HSE stats show that 1 million+ workers are injured in the workplace every year. Such accidents brings a lot of disruption to Employers and Employees, both financially and personally, with the potential for staff to miss out on work or make a claim if they get unfairly injured.
The theme for this year World Day for Safety and Health at Work is “a safe and healthy working environment as a fundamental principle and right at work”. The primary aim of this day is to explore practical ways in which this fundamental human right can be implemented in workplaces worldwide which we as a firm support.

The objectives are:

  1. The aim is to increase consciousness about establishing a positive and healthy work environment and decreasing fatalities and injuries related to work.
  2. To enhance awareness and encourage the implementation of secure protocols in the workplace.
  3. To emphasize the significance of Occupational Safety and Health (OSH) and its role in the workplace.
  4. To advocate for a work environment that prioritises wellness and promotes a healthy culture.

As an employer prevention is key. It is your legal duty to make sure you follow the right procedures and correct risk assessments to prevent accidents and keep an accurate record to show it. If things go wrong then you could be liable and employees may bring a claim.
Therefore use today to consider how you can support these objectives to prevent accidents in your workplace.

Family Asset Protection Trusts

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H M Revenue and Customs introduced compulsory registration of all trusts in September 2022. A number of our clients had been contacted by the companies who had advised on and set up, a Family Asset Protection Trust, asking them to arrange registration of their trust.

It has become apparent that many people are being advised by such companies to enter into these trusts at considerable cost believing that their property will be protected against inheritance tax and/or care home fees.

These companies are advising clients to transfer their property or cash into these trusts during their lifetimes and advising them that their property or cash would no longer form part of their estate and that the trust would then own them. The inference being that their value would not be taken into account on death for inheritance tax purposes or when moving into permanent care and calculating their contribution towards care fees.

However, local authorities are permitted to investigate a person’s financial history, including money transferred outright to another person or into a trust. The local authority can deem this to be deliberate deprivation of capital i.e. the transactions had been entered into specifically to reduce the value of a person’s estate. In such instances, the local authority can disregard the transfer and deem the person to still own those assets. The local authority have been known to look back into transactions up to 15 years prior to a person going into care for transfers. The long and short of it is that if the transfer had been entered into due to concerns over care fees, it will be deemed to be deliberate deprivation of capital.

In addition, if an asset has been transferred and the person retains some benefit in that asset i.e. they transfer their house but continue to live in it, they are deemed to have reserved a benefit in the asset. For inheritance tax purposes this is known as a gift with reservation of benefit, which does not reduce their estate for the calculation and its value is still taken into account.

Unfortunately, it appears these trusts, which often cost thousands of pounds, are not correctly explained to clients and they end up entering into what Age Concern describe as “a worthless piece of paper”. Sadly, they can also lead to future costs where the trust company are named as trustees and any changes are needed to the trust.

If you have any queries about Family Asset Protection Trusts or wish to discuss care home fees or inheritance tax planning, please contact our private client team.

Sarah Bruce, Legal Executive, Haverhill/Saffron Walden office
19 April 2023

Changes to tax rules between spouses April 2023

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Under the existing tax rules, a transfer of assets between former spouses or civil partners is made on a ‘no gain or no loss’ basis as long as said transfers take place in the tax year in which the former spouses or civil partners separated, thus any gains or losses from the transfer are delayed until such time that the asset is sold.

However, if the transfer takes place after the tax year in which the spouses separated it is treated as a regular disposal and will be subject to Capital Gains Tax (CGT) in the usual way.

The new rules which relate to transfers which occur after 6 April 2023 will allow for a lengthier period of the ‘no gain, no loss’ rule for up to three years after the year spouses cease to reside together.

Also, the ‘no gain, no loss’ rule will also now apply to assets that are transferred between spouses as part of an order on divorce without a time limit.

Situation 1

A married couple separated in June 2021, being the 2021/22 tax year. They agree that the wife will transfer to the husband her interest in an investment property that they jointly own.

If this transfer occurs in the same tax year in which they separated, then it will not be subject to any CGT further to the ‘no gain, no loss’ rule.

If this transfer of the investment property happens in the following tax year, the following tax year being 2022/23, it will be subject to normal CGT rules based on 50% of the market value less the wife’s 50% share of the purchase costs and accompanying legal fees.

However, if the transfer is deferred and does not occur until after the new rules are applied in April 2023, then it will be subject to no CGT under the new prolonged ‘no gain, no loss’ rule, and the husband will be taken to have received the asset at the original purchase cost.

The above situation will apply to married couples or those in civil partnerships who separated from April 2019 onwards, for the reasons that the new rules will benefit transfers within three years of a separation.

Situation 2

A married couple separated in February 2018. Unfortunately, they could not agree on the division of assets, and so, they decided to instruct legal representatives to issue applications at Court, which leads to lengthy delays. If their matter fails to settle until after April 2023, then the new tax rules will then be effective and any transfers made between them will be conditional on the ‘no gain, no loss’ rule.

Situation 3

A married couple separated in August 2022. Harmoniously, they broker a financial agreement after the application of the new rules (the husband will remain in the former family home and the wife will transfer her interest to him. The wife is to get a 45% share in the proceeds of sale when the house is sold. Consequently, the wife will be permitted to have her CGT Private Residence Relief remain despite the fact that she did not reside in the former family home at the time of its sale.

The CGT consequences of property division on separation or divorce is a complicated area to get to grips with. That being the case, do not delay on getting the right legal advice. Please contact our Family Department here at Adams Harrison on 01799 523441 (Saffron Walden), 01440 702485 (Haverhill), or 01223 832939 (Sawston). [email protected].